Can a juvenile be charged as an adult in Florida?
Yes, and Florida is notable for how it happens. Reporting indicates direct file — a decision by the State Attorney rather than a judge — accounts for roughly 98% of juvenile transfers to adult court.
Under § 985.557, direct file can be discretionary or mandatory depending on the child's age and the offense charged. Discretionary direct file generally applies to children 14 and older charged with specified offenses; the categories expand with age.
There are also waiver mechanisms — voluntary waiver, and discretionary or mandatory involuntary waiver — but these account for a small fraction of transfers.
What changes on transfer: adult criminal procedure applies entirely, adult sentencing exposure attaches, and the case produces an adult criminal record rather than a juvenile one. The court retains some ability to impose juvenile sanctions in certain circumstances.
Because the decision belongs to the prosecutor and is made early, the pre-filing period is where it can be influenced.
This decision is made in the first weeks, by a prosecutor, before any hearing. That's when to engage. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
